EFFECTIVE DATE, DURATION, TERMINATION, AMENDMENT OF AGREEMENT. (a) The effective date of this Agreement with respect to each Fund shall be the date set forth on Exhibit A hereto, which date shall not precede the date that this Agreement is approved by a vote of the holders of at least a majority of the outstanding voting securities of such Fund. (b) Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect with respect to each Fund for a period more than two years from the date of its execution but only as long as such continuance is specifically approved at least annually by (i) the Board of Directors of the Company or by the vote of a majority of the outstanding voting securities of the applicable Fund, and (ii) by the vote of a majority of the directors of the Company who are not parties to this Agreement or “interested persons” (as defined in the Investment Company Act of 1940, as amended) of SIA or of the Company cast in person at a meeting called for the purpose of voting on such approval. (c) This Agreement may be terminated with respect to any Fund at any time, without the payment of any penalty, by the Board of Directors of the Company or by the vote of a majority of the outstanding voting securities of such Fund, or by SIA, upon 60 days’ written notice to the other party. (d) This Agreement shall automatically terminate in the event of its “assignment” (as defined in the Investment Company Act of 1940, as amended). (e) No amendment to this Agreement shall be effective until approved by the vote of: (i) a majority of the directors of the Company who are not parties to this Agreement or “interested persons” (as defined in the Investment Company Act of 1940, as amended) of SIA or of the Company cast in person at a meeting called for the purpose of voting on such approval; and (ii) a majority of the outstanding voting securities of the applicable Fund. (f) Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities or shares of a Fund shall mean the lesser of (i) the vote of 67% or more of the voting securities of such Fund present at a regular or special meeting of shareholders duly called, if more than 50% of the Fund’s outstanding voting securities are present or represented by proxy, or (ii) the vote of more than 50% of the outstanding voting securities of such Fund.
Appears in 3 contracts
Samples: Investment Management Agreement (Sit Mutual Funds Inc), Investment Management Agreement (Sit Mutual Funds Ii Inc), Investment Management Agreement (Sit Mutual Funds Inc)
EFFECTIVE DATE, DURATION, TERMINATION, AMENDMENT OF AGREEMENT. (a) The effective date of this Agreement with respect to each Fund shall be the date set forth on Exhibit A hereto, which date shall not precede the date that this Agreement is approved by a vote of the holders of at least a majority of the outstanding voting securities of such Fund.
(b) Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect with respect to each Fund for a period more than two years of one year from the date of its execution but only as long as such continuance is specifically approved at least annually (at a meeting in person called for the purpose of voting on this Agreement) by (i) the Board of Directors Trustees of the Company Trust or by the vote of a majority of the outstanding voting securities of the applicable Fund, and (ii) by the vote of a majority of the directors Trustees of the Company Trust who are not parties to this Agreement or “interested persons” (”, as defined in the Investment Company Act 1940 Act, of 1940, as amended) of SIA the Distributor or of the Company cast Trust and, with respect to any Fund for which the Trust has adopted a Plan, who have no direct or indirect financial interest in person at a meeting called for the purpose operation of voting on such approvalthe Plan or in any agreement related to the Plan (including, but not limited to, this Agreement).
(c) This Agreement may be terminated with respect to any Fund at any time, without the payment of any penalty, by the Board vote (cast in person at a meeting called for the purpose of Directors voting on such approval) of a majority of the Company Trustees of the Trust who are not parties to this Agreement or “interested persons”, as defined in the 1940 Act, of the Distributor or of the Trust and, with respect to any Fund for which the Trust has adopted a Plan, who have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan, or by the vote of a majority of the outstanding voting securities of such Fund, or by SIAthe Distributor, upon 60 days’ written notice to the other partyparties.
(d) This Agreement shall automatically terminate in the event of its “assignment” (as defined in the Investment Company Act of 1940, as amended1940 Act).
(e) No amendment to this Agreement shall be effective with respect to any Fund until approved by the vote of: (i) a majority of the directors of the Company who are not parties to this Agreement or “interested persons” (as defined in the Investment Company Act of 1940, as amended) of SIA or of the Company cast in person at a meeting called for the purpose of voting on such approval; and (ii) of a majority of the outstanding voting securities Trustees of the applicable FundTrust who are not parties to this Agreement or “interested persons”, as defined in the 1940 Act, of the Distributor or of the Trust and, with respect to any Fund for which the Trust has adopted a Plan, who have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan.
(f) Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities or shares of a Fund shall mean the lesser of (i) the vote of 67% or more of the voting securities of such Fund present at a regular or special meeting of shareholders duly called, if more than 50% of the Fund’s outstanding voting securities are present or represented by proxy, or (ii) the vote of more than 50% of the outstanding voting securities of such Fund.
Appears in 2 contracts
Samples: Distribution Agreement (Tamarack Funds Trust), Distribution Agreement (Tamarack Funds Trust)
EFFECTIVE DATE, DURATION, TERMINATION, AMENDMENT OF AGREEMENT. (a) The effective date of this Agreement with respect to each Fund shall be the date set forth on Exhibit A heretoNovember 1, which date shall not precede the date that this Agreement is approved by a vote of the holders of at least a majority of the outstanding voting securities of such Fund1992.
(b) Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect with respect to each Fund for a period more than two years from the date of its execution but only as long as such continuance is specifically approved at least annually by (i) the Board of Directors of the Company Fund or by the vote of a majority of the outstanding voting securities of the applicable Fund, and (ii) by the vote of a majority of the directors of the Company Fund who are not parties to this Agreement or “interested persons” (as defined in the Investment Company Fund Act of 1940, as amended) of SIA or of the Company Fund cast in person at a meeting called for the purpose of voting on such approval.
(c) This Agreement may be terminated with respect to any Fund at any time, without the payment of any penalty, by the Board of Directors of the Company Fund or by the vote of a majority of the outstanding voting securities of such the Fund, or by SIA, upon 60 days’ written notice to the other party.
(d) This Agreement shall automatically terminate in the event of its “assignment” (as defined in the Investment Company Fund Act of 1940, as amended).
(e) No amendment to this Agreement shall be effective until approved by the vote of: (i) a majority of the directors of the Company Fund who are not parties to this Agreement or “interested persons” (as defined in the Investment Company Fund Act of 1940, as amended) of SIA or of the Company Fund cast in person at a meeting called for the purpose of voting on such approval; and (ii) a majority of the outstanding voting securities of the applicable Fund.
(f) Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities or shares of a Fund shall mean the lesser of (i) the vote of 67% or more of the voting securities of such Fund present at a regular or special meeting of shareholders duly called, if more than 50% of the Fund’s outstanding voting securities are present or represented by proxy, or (ii) the vote of more than 50% of the outstanding voting securities of such the Fund.
Appears in 1 contract
Samples: Investment Management Agreement (Sit Mutual Funds Ii Inc)
EFFECTIVE DATE, DURATION, TERMINATION, AMENDMENT OF AGREEMENT. (a) The effective date of this Agreement with respect to each Fund shall be the date set forth on Exhibit A heretoNovember 1, which date shall not precede the date that this Agreement is approved by a vote of the holders of at least a majority of the outstanding voting securities of such Fund1996.
(b) Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect with respect to each Fund for a period more than two years from the date of its execution but only as long as such continuance is specifically approved at least annually by (i) the Board of Directors of the Company Fund or by the vote of a majority of the outstanding voting securities of the applicable Fund, and (ii) by the vote of a majority of the directors of the Company Fund who are not parties to this Agreement or “interested persons” (as defined in the Investment Company Act of 1940, as amended) of SIA or of the Company Fund cast in person at a meeting called for the purpose of voting on such approval.
(c) This Agreement may be terminated with respect to any Fund at any time, without the payment of any penalty, by the Board of Directors of the Company Fund or by the vote of a majority of the outstanding voting securities of such the Fund, or by SIA, upon 60 days’ written notice to the other party.
(d) This Agreement shall automatically terminate in the event of its “assignment” (as defined in the Investment Company Act of 1940, as amended).
(e) No amendment to this Agreement shall be effective until approved by the vote of: (i) a majority of the directors of the Company Fund who are not parties to this Agreement or “interested persons” (as defined in the Investment Company Act of 1940, as amended) of SIA or of the Company Fund cast in person at a meeting called for the purpose of voting on such approval; and (ii) a majority of the outstanding voting securities of the applicable Fund.
(f) Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities or shares of a the Fund shall mean the lesser of (i) the vote of 67% or more of the voting securities of such the Fund present at a regular or special meeting of shareholders duly called, if more than 50% of the Fund’s outstanding voting securities are present or represented by proxy, or (ii) the vote of more than 50% of the outstanding voting securities of such the Fund.
Appears in 1 contract
Samples: Investment Management Agreement (Sit Mutual Funds Inc)